Diversion program is only available for a first offence. However, it is not available in every first offence, and is given at the discretion of the Crown. They often look at the personl circumstances of the accused, and the possibility of a repeat offence happening. The main requirement for the Diversion program is that the accused must admit guilt. If they are not willing to admit guilt in the program they risk being kicked up and tried in the court system. Often it is a better alternative then having a record.
If the accused it charged with another offence down the road the Crown Summery/Report will show the accused was given a Diversion Program previously and managed to get themselves in trouble one again. The second time around Courts are not as lenient.
That all being said, I don't think it will be offered in a Fraud over $5000.00 One of my clients was charged with Fraud under $5000 and the Crown would not offer a Diversion program even though it was a first offence. Then again I don't know the exact evidence at the other end.
Edit:- Is the offence theft over $5000 or fraud over $5000? There is a difference.
Last edited by Uncle Benz; 04-23-2009 at 12:20 PM.